ISBN : 9780198722731
Within international law there is no unified concept of peace. This book addresses this gap by considering the liberal conception of peace within Western philosophy alongside the principle of 'peaceful coexistence' supported in the East. By tracing the evolution of the international law of peace through its historical and philosophical origins, this book investigates whether there is a 'right to peace'. The book explores how existing international law and institutions contribute to the establishment of peace, or how they fail to do so. It sets out how international law promotes the negative dimension of peace-the absence of violence-as well as its positive dimension: the presence of underlying conditions for peace. It also investigates whether international actors and institutions have particular obligations in relation to the establishment and maintenance of peace. Discussions include: the relationships between the different regimes of human rights, trade, development, the environment, and regulation of arms trade with peace; the role of women, refugees, and other groups seeking equal treatment; the role of peacekeepers, transitional justice mechanisms, international courts fact-finding missions, and national constitutional frameworks in upholding peace in practice; and how civil society participates in the promotion and safeguarding of peace. The book's comprehensive treatment of the concept of peace in international law makes it an ideal reference work for those working in the field, as well as for students.
1. Promoting peace through international law: Introduction
PART I THE NORMATIVE SCOPE OF PEACE AND ITS EXCEPTIONS
2. The politics of peace and law: Realism, internationalism and the cosmopolitan challenge
3. Normative foundation of the international law of peace
4. The good faith obligation to maintain international peace and security and the pacific settlement of disputes
5. Protecting which peace for whom against what? A conceptual analysis of collective security
6. Protection of human rights and the maintenance of international peace and security: Necessary precondition or a clash of interests?
PART II PRECONDITIONS OF PEACE
7. Human rights violations and conflict risk - a theoretical and empirical assessment
8. Traps of violence: A human rights analysis of relationships between peace and development
9. Environmentally sustainable development and peace: The role of international law
10. World peace through world trade? The role of dispute settlement in the WTO
11. The potential of the Arms Trade Treaty to reduce violations of international humanitarian law and human rights law
PART III CIVIL SOCIETY PARTICIPATION IN THE PROMOTION AND SAFEGUARDING OF PEACE
12. Non-discrimination and equality as the foundation of peace
13. Refugees and peace
14. Barely begun: The inclusion of women as peacemakers, peacekeepers, and peacebuilders in international law and practice
PART IV INSTITUTIONAL IMPLEMENTATION OF PEACE
15. United Nations peace operations and international law: What kind of law promotes what kind of peace?
16. It's about trust: Transitional justice and accountability in the search for peace
17. The role and contribution of international courts in furthering peace as an essential community interest
18. International fact-finding mechanisms - lighting candles or cursing darkness?
19. The constitutional dimension of peace
20. Education for peace: Epilogue